M/S BABA INDUSTRIES v. THE STATE OF U.P. THRU SECY. AND 4 OTHERS
WRIC/54395/2013 · 2025-09-24
Anish Kumar Gupta, Mahesh Chandra Tripathi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45679 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45679 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 54395 of 2013 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Shri Ramendra Asthana, learned counsel for the petitioner; Shri Devesh Vikram, learned Additional Chief Standing Counsel for the State- respondents and Shri Sanjay Kumar Mishra for the respondent-Food Corporation of India (FCI). 2. The instant writ petition has been preferred for quashing the order dated 20/24.12.2012 passed by the respondent No.5, order dated 20.11.2012 and the order dated 08.08.2012 passed by the respondent No.3. 3. Learned counsel for the petitioners submits that in identical facts and circumstances, a Co-ordinate Bench had passed a detailed order on 1.8.2025 in Writ-C No. 3229 of 2013 (M/s Kanhaiya Industries v. The State of U.P. Thru Secy. And Others), whereby, the writ petition was allowed. The operative part of the order dated 1.8.2025 is reproduced herein below:-
"12. From the above legal proposition, it is clear that the order of debarment cannot be for an indefinite period and it cannot be passed without giving an opportunity of hearing to the person concerned, but in the present case, it is clear that the impugned order of black-listing is not only for an indefinite period, but also passed without giving any opportunity of hearing or giving notice to the petitioner, therefore, the impugned orders black-listing the petitioner deserve to be quashed. 13. Accordingly, the orders impugned in the present petition are hereby quashed. However, a liberty is granted to the respondent no. 2-Regional Food Controller, Bareilly Region, Bareilly to pass fresh order strictly in accordance with law after giving due notice and opportunity of hearing to the petitioner. Versus Counsel for Petitioner(s) : Ramendra Asthana Counsel for Respondent(s) : A.K. Srivastava, P.K. Srivastava, Sanjay Kumar Mishra M/S Baba Industries .....Petitioner(s) The State Of U.P. Thru Secy. And 4 Others .....Respondent(s)
14. The writ petition is allowed subject to the observations made above."
4. Learned counsel for the petitioners states that the instant matter is squarely covered with the aforesaid judgment and the writ petition may also be disposed of in the light of M/s Kanhaiya Industries (supra). 5. So far as the factual and legal aspect of the matter, the same is not disputed by learned Additional Chief Standing Counsel as well as counsel for the FCI. 6.
Having regard to the facts of the case and the submissions made, we allow the instant writ petition in terms of M/s Kanhaiya Industries (supra). The orders impugned are hereby quashed. The matter is relegated to the respondent no. 2-Regional Food Controller, Bareilly Region, Bareilly to pass a fresh order strictly in accordance with law but certainly after giving due notice and opportunity of hearing to the petitioner. September 25, 2025 A.K.Srivastava WRIC No. 54395 of 2013 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad